Administrative act

The Supreme Court (TS) has ruled on an issue that affects many people who work or aspire to workin the public administration, the legal natureof the so-called public job offers (OEP) that are published to fill positions in public bodies.
The case arose after ainterim official appealed the extraordinary job offer published by the Xunta de Galicia in 2022, arguing that it should have been processed as atrue regulation because, in his opinion,established general rules and had a vocation for permanence. He also argued that mandatoryreports were skipped and that it was not explained why his position was leftout of the stabilization foreseen in the law to reduce temporality in public employment.
these job offers of employment, when issued to conclude anexceptional process of stabilizing temporary positions as required by Law 20/2021, do not create new rulesnor definitively change the rules of the game. They simply developwhat the law already establishes for a specific case and are exhausted in that process, indicate how many positions are opened for competition, but do not decide anything beyond that offer.
Therefore, the public employment offer, according to the TS, is ageneral administrative act(something like a decision aimed at several recipients, but within existing rules), and not a provision ofgeneral nature or regulation. In addition, the Supreme Court points out that the OEPdoes not assign specific positions(that is done later in specific calls) and must always respect the job relationships provided for by law.

If you feel harmed and dissatisfied with an administrative action, our professionals can advise you on defending your rights